Initiating the Agency-Level Protest

Protests to the contracting agency should be submitted to the person designated in the solicitation, which is usually the contracting officer.  The solicitation should have information regarding how such protests are filed, and the FAR provides a standard “Service of Protest” clause at FAR 52.233-2, which states:

As prescribed in [FAR] 33.106, Contracting Officers complete and insert the following provision:

SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency,and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from _______ [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.]

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.